SENATE FINANCE COMMITTEE SUBSTITUTE FOR

SENATE BILL 309

56th legislature - STATE OF NEW MEXICO - first session, 2023

 

 

 

 

 

 

 

AN ACT

RELATING TO CAPITAL EXPENDITURES; REAUTHORIZING OR REAPPROPRIATING BALANCES, EXPANDING OR CHANGING PURPOSES, EXTENDING EXPENDITURE PERIODS, CHANGING AGENCIES, CLARIFYING LOCATIONS AND ESTABLISHING CONDITIONS FOR THE REVERSION OR TRANSFER OF UNEXPENDED BALANCES OF APPROPRIATIONS MADE BY THE LEGISLATURE IN PRIOR YEARS; DECLARING AN EMERGENCY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. SEVERANCE TAX BONDS--REVERSION OF PROCEEDS.--

          A. Except as otherwise provided in another section of this act:

                (1) the unexpended balance from the proceeds of severance tax bonds issued for a project that has been reauthorized in this act shall revert to the severance tax bonding fund:

                     (a) at the end of the expenditure period as set forth in this act, if the expenditure period is changed in this act; or

                     (b) if the expenditure period is not changed in this act, pursuant to the time frame set forth in the law that originally authorized the severance tax bonds or the time frame set forth in any law that has previously reauthorized the expenditure of the proceeds, whichever is later; and

                (2) all remaining balances from the proceeds of severance tax bonds issued for a project that has been reauthorized in this act shall revert to the severance tax bonding fund three months after the reversion date for the unexpended balances.

          B. For the purpose of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses covered by binding written obligations to third parties.

     SECTION 2. GENERAL FUND AND OTHER FUND APPROPRIATIONS--REVERSIONS.--

          A. Except as otherwise provided in another section of this act:

                (1) the unexpended balance of an appropriation from the general fund or other state fund that has been changed in this act shall revert:

                     (a) at the end of the expenditure period as set forth in this act, if the expenditure period is changed in this act; or

                     (b) if the expenditure period is not changed in this act, pursuant to the time frame set forth in the law in which the original appropriation was made or the time frame set forth in any law that has previously changed the appropriation, whichever is later; and

                (2) all remaining balances of an appropriation from the general fund or other state fund that has been changed in this act shall revert three months after the reversion date for the unexpended balance.

          B. Except as provided in Subsection C of this section, the balance of an appropriation made from the general fund or other state fund shall revert pursuant to Subsection A of this section to the originating fund.

          C. The balance of an appropriation made from the general fund or other state fund to the Indian affairs department or the aging and long-term services department for a project located on lands of an Indian nation, tribe or pueblo shall revert pursuant to Subsection A of this section to the tribal infrastructure project fund.

          D. For the purpose of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses covered by binding written obligations to third parties.

     SECTION 3. ACEQUIA DE LOS GARCIAS Y DURANES DAM IMPROVEMENTS--EXTEND TIME--GENERAL FUND.--The time of expenditure for the interstate stream commission project in Subsection 26 of Section 33 of Chapter 277 of Laws 2019 to plan, design and construct diversion dam improvements for the acequia de los Garcias y Duranes in the Medanales area in Rio Arriba county is extended through fiscal year 2025.

     SECTION 4. ACEQUIA DE ANTON CHICO, ACEQUIA DE TECOLOTITO AND ACEQUIA DE LOS RANCHITOS IMPROVEMENT--EXTEND TIME--GENERAL FUND.--The time of expenditure for the interstate stream commission project in Subsection 15 of Section 33 of Chapter 277 of Laws 2019 to plan, design and construct improvements, including installation of pipe, replacement of headgates and widening and reconstruction of banks, to acequia de Anton Chico, acequia de Tecolotito and acequia de los Ranchitos in Guadalupe and San Miguel counties is extended through fiscal year 2025.

     SECTION 5. PASEO DEL VOLCAN CONSTRUCTION IN BERNALILLO AND SANDOVAL COUNTIES--EXTEND TIME--GENERAL FUND.--The time of expenditure for the department of transportation project in Subsection 106 of Section 40 of Chapter 277 of Laws 2019 to acquire rights of way for and to plan, design and construct paseo del Volcan, also known as New Mexico highway 347, in Bernalillo and Sandoval counties is extended through fiscal year 2025.

     SECTION 6. ATRISCO DRIVE CONSTRUCTION--EXTEND TIME--GENERAL FUND.--The time of expenditure for the department of transportation project in Subsection 5 of Section 40 of Chapter 277 of Laws 2019 to acquire rights of way and to plan, design and construct a road, including drainage, off Atrisco drive between Rosendo Garcia road and San Ygnacio road in Bernalillo county is extended through fiscal year 2025.

     SECTION 7. ALBUQUERQUE ENCUENTRO CENTER RENOVATION--CHANGE TO PURCHASE, RENOVATE AND INSTALL A MODULAR BUILDING--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Subsection 43 of Section 29 of Chapter 138 of Laws 2021 to plan, design, construct, renovate and equip an educational and service facility in Albuquerque in Bernalillo county shall not be expended for the original purpose but is changed to plan, design, construct, purchase, deliver, renovate, furnish, equip and install a modular building for an education and workforce development center in Bernalillo county.

     SECTION 8. ALBUQUERQUE ENCUENTRO CENTER RENOVATION--CHANGE TO PURCHASE, RENOVATE AND INSTALL A MODULAR BUILDING--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Subsection 60 of Section 30 of Chapter 53 of Laws 2022 to plan, design, construct, renovate, equip and furnish an education and workforce development center for low-income Spanish speakers in Albuquerque in Bernalillo county shall not be expended for the original purpose but is changed to plan, design, construct, purchase, deliver, renovate, furnish, equip and install a modular building for an education and workforce development center in Bernalillo county.

     SECTION 9. BERNALILLO COUNTY FAMILY SERVICES FACILITIES CONSTRUCTION--CHANGE TO RENOVATE A FAMILY SERVICES FACILITY--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Subsection 4 of Section 29 of Chapter 138 of Laws 2021 to demolish an existing building and to plan, design and construct a child development and family services facility in the south valley in Bernalillo county shall not be expended for the original purpose but is changed to plan, design, construct, renovate, furnish, equip and landscape a family services facility in the south valley in Bernalillo county.

     SECTION 10. BERNALILLO COUNTY FAMILY SERVICES FACILITIES CONSTRUCTION--CHANGE TO RENOVATE FACILITY--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Subsection 12 of Section 30 of Chapter 53 of Laws 2022 to demolish an existing building and to plan, design and construct a child development and family services facility in the south valley in Bernalillo county shall not be expended for the original purpose but is changed to plan, design, construct, renovate, furnish, equip and landscape a child development and family services facility in the south valley in Bernalillo county.

     SECTION 11. ALBUQUERQUE NATIONAL FLAMENCO INSTITUTE EQUIPMENT PURCHASE--CHANGE TO IMPROVE BERNALILLO COUNTY FLAMENCO FACILITY--EXTEND TIME--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Subsection 97 of Section 30 of Chapter 53 of Laws 2022 to equip and furnish education and performance spaces, sound and lighting, storage and video computer technology for performance capture and archives for the national institute of Flamenco arts and education in Albuquerque in Bernalillo county shall not be expended for the original purpose but is changed to purchase equipment, appliances and information technology and to plan, design, construct, purchase, furnish, equip and improve buildings, infrastructure and outdoor education, arts and performance spaces at a flamenco facility in Bernalillo county. The time of expenditure is extended through fiscal year 2025.

     SECTION 12. ALBUQUERQUE NATIONAL INSTITUTE OF FLAMENCO IMPROVEMENTS--CHANGE TO IMPROVE BERNALILLO COUNTY FLAMENCO BUILDING AND PERFORMANCE SPACES--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Subsection 75 of Section 29 of Chapter 138 of Laws 2021 to plan, design, construct, improve, equip and furnish buildings and infrastructure, including a caf , reception space, studio, outdoor area, information technology, audio equipment and furniture, at a flamenco studio in Albuquerque in Bernalillo county shall not be expended for the original purpose but is changed to purchase equipment, appliances and information technology and to plan, design, construct, purchase, furnish, equip and improve buildings, infrastructure and outdoor education, arts and performance spaces at a flamenco facility in Bernalillo county.

     SECTION 13. ALBUQUERQUE MEAL DELIVERY PROGRAM EQUIPMENT PURCHASE--CHANGE TO PURCHASE BERNALILLO COUNTY MEAL DELIVERY PROGRAM EQUIPMENT--SEVERANCE TAX BONDS.--The unexpended balance of the appropriation to the local government division in Subsection 68 of Section 29 of Chapter 138 of Laws 2021 to purchase and install equipment, including freezers, ovens, a blast chiller, information technology and related equipment and infrastructure, for a homebound and special needs meal delivery program in Albuquerque in Bernalillo county shall not be expended for the original purpose but is changed to purchase and install equipment, including information technology and related equipment and infrastructure, cooking equipment, white goods, appliances and storage equipment, for a homebound and special needs meal delivery program in Bernalillo county.

     SECTION 14. BERNALILLO COUNTY MOUNTAINVIEW SIDEWALKS AND DRAINAGE INFRASTRUCTURE--EXPAND PURPOSE--EXTEND TIME--GENERAL FUND.--The department of transportation project in Subsection 7 of Section 40 of Chapter 277 of Laws 2019 to plan, design and construct sidewalks and drainage infrastructure in the Mountainview area, including Prince street and Prosperity avenue, in Bernalillo county may include the acquisition of rights of way. The time of expenditure is extended through fiscal year 2025.

     SECTION 15. SOUTH VALLEY FAMILY SERVICES BUILDINGS REDEVELOPMENT--CHANGE TO RENOVATE A SOUTH VALLEY FAMILY SERVICES FACILITY--EXTEND TIME--GENERAL FUND.--The unexpended balance of the appropriation to the local government division in Subsection 22 of Section 34 of Chapter 277 of Laws 2019 to plan, design, demolish and construct a phased development and replacement of buildings and facilities for a family services program in the south valley in Bernalillo county shall not be expended for the original purpose but is changed to plan, design, construct, renovate, furnish, equip and landscape a family services facility in the south valley. The time of expenditure for the project is extended through fiscal year 2025.

     SECTION 16. BERNALILLO COUNTY STREET LIGHTS DISTRICT 2--EXTEND TIME--GENERAL FUND.--The time of expenditure for the department of transportation project in Subsection 8 of Section 40 of Chapter 277 of Laws 2019 to plan, design, construct and install street lights in county commission district 2 in Bernalillo county is extended through fiscal year 2025.

     SECTION 17. BERNALILLO COUNTY WEST CENTRAL FIRE STATION CONSTRUCTION--EXTEND TIME--GENERAL FUND.--The time of expenditure for the local government division project in Subsection 15 of Section 34 of Chapter 277 of Laws 2019 to acquire land for and to plan, design, construct and equip a fire station on the west side of Bernalillo county is extended through fiscal year 2025.

     SECTION 18. BERNALILLO COUNTY WHISPERING PINES SENIOR MEAL SITE VEHICLE PURCHASE--EXTEND TIME--GENERAL FUND.--The time of expenditure for the aging and long-term services department project in Subsection 1 of Section 4 of Chapter 277 of Laws 2019 to purchase and equip a meal delivery vehicle and to make improvements to the facility at the Whispering Pines senior meal site in Bernalillo county is extended through fiscal year 2025.

     SECTION 19. BRIDGE BOULEVARD PHASE 2 BUS SHELTERS AND MEDIAN ART IMPROVEMENTS--EXTEND TIME--GENERAL FUND.--The time of expenditure for the department of transportation project in Subsection 9 of Section 40 of Chapter 277 of Laws 2019 to plan, design and construct phase 2 improvements, including bus shelters and median art, along Bridge boulevard between Young avenue and the Riverside drain in the south valley in Bernalillo county is extended through fiscal year 2025.

     SECTION 20. DENNIS CHAVEZ BOULEVARD AND CONDERSHIRE DRIVE SW INTERSECTION STREET LIGHTS--CLARIFYING LOCATION--EXTEND TIME--SEVERANCE TAX BONDS.--The location for the department of transportation project in Subsection 10 of Section 38 of Chapter 81 of Laws 2020 to plan, design, construct, equip and install street lights at the intersection of Dennis Chavez boulevard and Condershire drive SW in Albuquerque in Bernalillo county is Bernalillo county. The time of expenditure is extended through fiscal year 2025.

     SECTION 21. ESCARPMENT ROAD PAVING AND IMPROVEMENT--EXTEND TIME--GENERAL FUND.--The time of expenditure for the department of transportation project in Subsection 10 of Section 40 of Chapter 277 of Laws 2019 to plan, design and construct paving and other improvements on Escarpment road on the southwest mesa in Bernalillo county is extended through fiscal year 2025.

     SECTION 22. ISLETA BOULEVARD REHABILITATION--EXTEND TIME--GENERAL FUND.--The time of expenditure for the department of transportation project in Subsection 12 of Section 40 of Chapter 277 of Laws 2019 to plan, design and construct the rehabilitation of Isleta boulevard SW from Muniz road to interstate highway 25 in Bernalillo county is extended through fiscal year 2025.

     SECTION 23. MOONLIGHT DRIVE PUEBLO OF ISLETA EXTENSION--EXTEND TIME--GENERAL FUND.--The time of expenditure for the department of transportation project in Subsection 39 of Section 40 of Chapter 277 of Laws 2019 to plan, design, construct and extend Moonlight drive, including arroyo stabilization and a retention pond, in the Pueblo of Isleta in Bernalillo county is extended through fiscal year 2025.

     SECTION 24. NEW MEXICO HIGHWAY 333 AND TABLAZON ROAD INTERSECTION IMPROVEMENTS--EXTEND TIME--GENERAL FUND.--The time of expenditure for the department of transportation project in Subsection 15 of Section 40 of Chapter 277 of Laws 2019 to acquire rights of way for and to plan, design and construct improvements at the in